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Food & Beverage
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December 05, 2023
1st Circ. Open To Reviving Whole Foods BLM Retaliation Suit
The First Circuit on Tuesday appeared willing to consider at least partially reversing Whole Foods' pretrial win on retaliation claims brought by three former employees who say the grocery chain disciplined and later fired them for wearing Black Lives Matter masks at work.
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December 05, 2023
Brewery Says Co-Owner Swiped $1M, Forcing Bankruptcy
A Colorado brewery has sued one of its co-owners, alleging that he misappropriated more than $1 million of the company's money for personal use and his other businesses, claiming in a state court complaint that his misconduct forced the company to file for bankruptcy.
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December 05, 2023
Judges 'Troubled' By Trial Rulings For Denver Cheese Co.
A panel of Colorado appellate judges expressed concerns Tuesday about a trial court's handling of a family fight that threatened dissolution of a $5 billion cheese company, with one judge saying she was "troubled" by a jury instruction that seemed to favor the company.
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December 05, 2023
Fed. Circ. Backs TTAB Ruling For French Wine Co.
The Federal Circuit on Tuesday affirmed a ruling from the Trademark Trial and Appeal Board that a French winemaker's request to register a label that includes the term "Vérité" was different enough from a U.S. winery's "Vérité" trademark to make confusion unlikely.
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December 05, 2023
Splenda Maker Says Peet's Provides Knockoff Sweetener
Peet's Coffee Inc. is breaching trademark laws by tricking customers into believing that the yellow packet sweeteners available at its locations are American-made Splenda when they actually contain active ingredients made in China, according to a lawsuit filed Tuesday in Virginia federal court.
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December 05, 2023
Court Denies Duty-Free Treatment For Specialty Baby Formulas
A specialty baby formula maker couldn't convince the U.S. Court of International Trade that its products could enter the country duty-free, after the court determined that the products were "food preparations" subject to a 6.4% tariff.
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December 05, 2023
Panera Hit With Second 'Charged Lemonade' Death Suit
Panera Bread Co. is being sued in Delaware state court over claims that its "Charged Lemonade" drink is responsible for a patron's death, less than two months after it was hit with a similar suit in federal court over another patron's death.
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December 05, 2023
H-2A Wages Rule Will Spike Illegal Immigration, 4th Circ. Told
A U.S. Department of Labor rule regulating wages for H-2A workers would make foreign labor unaffordable for employers and increase illegal immigration, a group of ranches and farms told the Fourth Circuit, saying implementation of the rule should be halted.
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December 05, 2023
Recycling Co. Strategic Materials Hits Ch. 11 With $433M Debt
Glass recycling company Strategic Materials Inc. filed for Chapter 11 protection in a Texas bankruptcy court with about $433 million in debt and a plan to hand lenders its business, after struggling to meet payments on floating-rate debt that's become "significantly more expensive" as interest rates have risen.
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December 04, 2023
FTC Sues 7-Eleven, Alleging Violation of 2018 Consent Order
The Federal Trade Commission is suing 7-Eleven for buying a Florida fuel outlet without giving prior notice, alleging the purchase violated a 2018 consent order.
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December 04, 2023
Kraft Heinz Fraudulently Won Insider Trade Suit, Investor Says
An investor has hit Kraft-Heinz Co. with a fresh stockholder complaint in Delaware Chancery Court, claiming that the court wrongly tossed a prior action alleging similar $1.2 billion insider-trading claims based on fraudulent statements and incomplete evidence regarding Kraft Heinz's executives' purported financial ties to the majority stockholder accused of insider trading.
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December 04, 2023
Parents Want Abbott Docs On Calif. Law In Baby Formula MDL
Parents who are suing over contaminated Similac infant formula have asked an Illinois federal judge to force manufacturer Abbott Laboratories to produce documents related to its opposition to a California bill that would have required that formula be tested for heavy metals.
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December 04, 2023
GOP Effort To Rewrite Ohio Pot Legalization Spurs Backlash
Cannabis reformers and hemp industry advocates on Monday sounded the alarm about a Republican-led proposal to substantively rewrite Ohio's voter-approved marijuana legalization law just days before it is due to take effect.
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December 04, 2023
Wine Co. Sues Chubb Unit For Coverage Of $1.5M Hack
A wine merchant said a Chubb unit owes it coverage for the near $1.5 million that it lost at the hands of a hacker, telling a New York federal court that the insurer improperly applied the "smallest limit of coverage possible."
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December 04, 2023
DOL Says 2 Mass. Eateries Failed To Pay Kitchen Workers OT
The U.S. Department of Labor took two Massachusetts restaurants to court Monday, alleging they hadn't paid their kitchen staff overtime wages despite a $250,000 settlement over similar allegations in 2020.
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December 04, 2023
Magistrate Says Not To Block Fla. Hemp Stop-Sale Orders
A Florida magistrate judge is recommending against granting an injunction to a hemp company seeking to block enforcement of stop-sale orders under the state's updated hemp regulations, saying the company hasn't shown that it's likely to succeed in its claims that the state overstepped by prohibiting out-of-state sales.
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December 04, 2023
Catching Up With Delaware's Chancery Court
Blockchain gaming, lithium-battery production, nutrition supplements and Activision's $68.7 billion sale to Microsoft — nothing is too big or complicated for Delaware's Chancery Court to put on its agenda. The year is winding down, but things haven't slowed in the nation's top court of equity. Check here for all the latest news from the Chancery Court.
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December 01, 2023
WTO Climate Tools Carry Warning For EU Approach On Steel
A new World Trade Organization report detailing 10 trade policy tools countries can apply to support climate initiatives contains a word of caution related to Europe's position in faltering negotiations with the United States over greening steel production.
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December 01, 2023
PepsiCo Trims But Can't Nix 'Healthy' Gatorade False Ad Suit
A California federal judge has agreed to dismiss a portion of the latest version of a proposed class action accusing PepsiCo of misbranding its Gatorade Fit drinks as "healthy," though the judge again gave the consumer plaintiffs the opportunity to file a new version of the complaint.
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December 01, 2023
Investors Score Class Cert. In $480M Subway 'Exodus' Suit
A New York federal judge has certified a class of investors and provided reasoning for his rejection of a dismissal motion in a suit alleging a restaurant software company used partnerships with Subway stores as an example of its success while knowing its relationship with the fast-food franchise would be ending.
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December 01, 2023
Chicago Atty Pushes Back On 7-Eleven Trademark Suit
The Chicago attorney who runs a small intellectual property law practice called Seven Eleven Law Group made good on her promise this week to fight the trademark infringement allegations that convenience store giant 7-Eleven sued her for last month, rejecting the company's claims that her firm is creating consumer confusion and profiting from 7-Eleven's multinational brand.
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December 01, 2023
Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'
Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.
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December 01, 2023
Former Clerks Say Justice O'Connor Still Worth Emulating
BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.
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December 01, 2023
Congress Has Chance To Adjust Hemp Policy, Report Says
Congress could consider modifying federal hemp policy by relaxing U.S. Department of Agriculture restrictions that some stakeholders say are "overly restrictive and impractical," according to a recently updated Congressional Research Service report.
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December 01, 2023
Kona Coffee Farmers' Attys Get $3.7M Fees From Settlements
Lawyers representing a class of Hawaiian coffee farmers will get $3.7 million from a settlement fund with major grocery stores and other retailers who allegedly sold knockoff Kona coffee, a federal judge in Washington ruled, calling the attorney fee request fair.
Expert Analysis
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Alcohol's E-Commerce Spike Brings Regulatory Dilemmas
In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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New Regs Will Strengthen Voluntary Carbon Offset Market
Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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IP Suits Over Brand Owner Font Use Offer Cautionary Tales
Dyan Finguerra-DuCharme and Mallory Chandler at Pryor Cashman consider the history of fonts and point to recent court decisions that show how brand owners can avoid legal typeface troubles.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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FTC Warning Letters Note 5 Mistakes For Influencers To Avoid
The Federal Trade Commission recently sent warning letters to two trade associations and 12 health influencers over their social media posts, offering insight into how the agency plans to enforce its updated endorsement guides and highlighting five concerns to keep in mind for marketing campaigns, says Gonzalo Mon at Kelley Drye.
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Ohio Voters Legalize Cannabis — What Comes Next?
This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.
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Opinion
A Telecom Attorney's Defense Of The Chevron Doctrine
The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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What Cos. Should Know About FTC's Proposed Junk Fee Rule
The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.